NANDSINGH Vs. STATE

JUDGEMENT

(1.) This is a revn by four accused, Nandsingh, Gurudeosingh, Mt. Nihar Kaur & Mt. Nand Kaur, against their convictions & sentences.

(2.) The Subdivisional Mag, Karanpur, convicted the first two accused under Section 324, I. P. C. & sentenced them to undergo four months' rigorous imprisonment & to pay a fine of Rs. 50/-; the latter two were convicted under Section 323 I. P. C, & sentenced to undergo one month's simple imprisonment & a fine of Rs. 50/-. On appeal, the learned Ses J., Ganganagar, maintained the conviction & sentences of accused Nandsingh & Gurudeosingh. As regards Mt. Nandsingh and Ors. vs. The State (27.02.1951 -RAJHC) Page 2 of 4 Nihal Kaur & Mt. Nand Kaur, the conviction was maintained but the sentence was reduced to payment of fine only. All the four accused have come up in revn.

(3.) The case for the prosecution is that one Thamban Singh had a decree for recovery of money against Nandsingh & in execution thereof a warrant of attachment of a cart belonging to the Judgment-debtor was issued by the Ct of Munsif, Karanpur, on 25-3-1949 returnable on 8-4-1949. One Shivnarain P. W. 4, Sawar of the Ct, went to the residence of Nandsingh accompanied by Thambansingh, his two sons, Lalsingh & Jarnailsingh, as also one Mulsingh as Motbir. The cart was attached by Shivnarain & made over to Thambansingh to be carried away & Jarnailsingh wanted to yoke the bullocks when Mt. Nand Kaur & Mt. Nihal Kaur assaulted Thambansingh, Lalsingh & Jarnailsingh. Nandsingh & Gurudeosingh also came up & assaulted them causing several inlaries. The report was made by Lalsingh, another son of Thambansingh, at police station, Karanpur, & the four accused were challaned & sentenced as aforesaid. It may be observed that Gurudeosingh is the son of Nandsingh, Mt. Nand Kaur is sister of Nandsingh, & Mt. Nihal Kaur is the wife of Nandsingh. Two other persons, Mt. Meeran & Sarjit Kaur were also challaned but were acquitted.